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Water Code - Confederated Tribes of the Umatilla Indian Reservation

Water Code - Confederated Tribes of the Umatilla Indian Reservation

STATUTES

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION As Amended Through Resolution No. 05-027 (March 7, 2005) h. Other causes of nonuse determined by the Water Commission to be beyond the control of the holder of the permit. H. Non-Use or Abandonment. Before any portion of a Water Use Permit is cancelled because of non-use or abandonment, the Director shall notify, by certified mail, the holder of the permit that the Department of Natural Resources is initiating proceedings to cancel the permit. The Director shall follow procedures established by administrative rule. The cancellation of the Water Use Permit for nonuse or abandonment shall become effective thirty (30) calendar days after notice has been provided to the permit holder unless said permit holder appeals the decision to the Umatilla Tribal Court. I. Loss by Adverse Possession, Prescription, Estoppels or Acquiescence. No Water Permit may be acquired or lost by adverse possession, prescription, estoppel or acquiescence. J. Loss by Outside Proceedings. No Water System Development or Water Use Permit granted under this Code may be reduced or otherwise affected in any procedure or determination or adjudication except as provided in this Code. SECTION 2.06. MODIFICATION OF WATER RIGHT, WATER SYSTEM DEVELOPMENT OR WATER USE PERMITS A. Modification of Water Permits by the Water Commission. Water Rights or Water System Development/Water Use Permits may be modified by the Water Commission where: 1. The permitted or allowed water use creates conditions that cause a hardship on the surrounding water users, 2. A change of conditions requires a modification of the permit, 3. All applicable requirements of this Section have been satisfied. B. Hardship on Surrounding Water Users. Where one or more permitted water use(s), whether granted prior or subsequent to the adoption of this Code, creates a hardship upon the surrounding water users, that water right or permit may be modified, temporarily or permanently, by the Water Commission in such manner as may be necessary to alleviate the hardship. For purposes of Section 2.05, "hardship" shall be defined as a detrimental condition that is beyond the control of the individual(s) and is not personal or self-inflicted. 1. The Water Commission, upon finding that a hardship exists, and that such hardship may be relieved by temporarily modifying one or more permits, may order a temporary modification of a permitted water use(s) for a period not to exceed onehundred eighty (180) calendar days in any calendar year. Such order shall be enforced by the Director. Failure of the permittee(s) to comply with the order shall be a violation of this Code. 2. The Water Commission shall conduct a public hearing prior to permanently modifying a water right or permit. A permit may be permanently modified provided that the Water Commission finds that: a. A hardship exists; b. The use or uses experiencing the hardship are higher priority uses than the uses proposed for modification; c. The act of using water, as authorized under the permits or rights which are subject to modification, is causing the hardship; and d. A permanent modification is needed to alleviate the hardship. WATER CODE PAGE 29

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION As Amended Through Resolution No. 05-027 (March 7, 2005) 3. The Water Commission shall order a modification of the permit or water right only to the extent necessary to alleviate the hardship. The Director shall carry out such order. Failure of a permittee to comply with the order shall be a violation of this Code. C. Modification of Water Permits by the Director. The Director of the Department of Natural Resources may modify existing Water Permits or prior permits either temporarily or permanently provided that: 1. There is no change in the beneficial use of water; 2. There is no increase in the allocation (rate and/or duty) of water; 3. The proposed modification is consistent with the remaining condition(s), except for the Point of Diversion and Place of Use as specified in items five (5) and six (6) below, of the original permit; 4. The proposed modification is consistent with the provisions of this Code; 5. There is no evidence of an adverse impact on surrounding water users in the modification of the Point of Diversion (POD) provided that the applicant or permittee provides proof of authorization to use water and of access to the Point of Diversion; 6. If the modification is a change in the Place of Use provided that the applicant or permittee provides proof of authorization to use water and of access to the Place of Use and, if the beneficial use is irrigation, that there shall be no increase in the irrigated acres as authorized in the original permit. D. Procedures for Water Permit Modification. A modification of and existing permit may be requested by submitting an application to the Director of the Department of Natural Resources. The application form shall be promulgated by the Director. Any request for a modification pursuant to subsection (c) above of this Code shall be acted upon within thirty (30) calendar days after receipt of a completed application. Any modification to an existing water permit that is not specifically defined in the subsections above may only occur by applying for a new water permit as specified in this Code. SECTION 2.07. A. Well Constructor License. WELL CONSTRUCTOR LICENSING 1. No person shall be authorized to construct wells within the boundaries of the Reservation unless licensed to do so by the Confederated Tribes. 2. No well constructor shall commence constructing any well on the Reservation until all the permit requirements of this code have been complied with. 3. Any well constructor operator intending to drill wells on the Reservation shall obtain a well constructor’s license upon application and execution of a sworn document agreeing to abide by this Code and upon successfully completing qualification and experience requirements and a written examination as adopted by the Water Commission. In addition, the well constructor must execute a bond, insuring compliance with this Code, in favor of the Confederated Tribes. The bond shall be in the amount of five thousand dollars ($5,000.00). 4. Any well constructor must notify the Department of Natural Resources five (5) days prior to constructing any well within the boundaries of the Reservation. B. Well Constructor Standards and Regulations. The Water Commission shall establish rules and standards for Well Constructor’s License procedures and well construction on the Umatilla Indian reservation through Administrative Rules. WATER CODE PAGE 30

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